[Amended 2-23-1993 by Ord. No. 93-ZC-301]

Notwithstanding any other provision of this chapter, no building in a zoning district shall be erected nor shall any such building be structurally altered so as to increase the gross floor area nor shall any such building be converted for a more intensive use unless off-street parking spaces as specified in §198-47, the table of this Article, or in other section of this Article are provided for the entire premises. However, when the Planning Board can determine that the required off- street parking requirement is in excess of the projected parking generation for a proposed use, the Planning Board may permit (approve) a lesser number of spaces to be constructed upon a finding that such modification shall be sufficient to serve the projected demand and that no adverse impacts will result. After submitting a fully conforming site plan, showing the total number of parking spaces required by this chapter, the applicant shall prepare a modified site plan showing the reduced parking area, substituting appropriate landscaped areas for the parking spaces which have been determined to be excessive. This modified site plan may be approved by the Planning Board subject to the condition that all required parking spaces, in accordance with this chapter, shall be provided upon subsequent study and finding of the Planning Board that additional parking spaces are necessary. Should such finding be made and the property owned does not comply, then the provision of §198-121D shall apply.

[Amended 5-10-1971 by Ord. No. 71-ZC-12; 11-14-1972 by Ord. No. 72-ZC-42]

A. In commercial and industrial districts, no new building shall be erected unless off-street parking spaces as specified in §198-47, the table of this Article, are provided.

B. When a building is to be expanded or altered so as to increase the gross floor area or when the use of the building in a commercial or industrial zoning district is changed to one requiring a greater number of parking spaces, additional off-street parking as specified shall be provided to the extent that it is required by the expansion of the building or by the change in intensity of use. [Amended 12-6-1994 by Ord. No. 94-ZC-19]

C. With respect to expansion or alteration of a building so as to increase gross floor area or a change of use requiring additional parking spaces, municipal parking facilities within three hundred (300) feet from the building in commercial districts and not more than five hundred (500) feet from the building in industrial districts may be used to satisfy all or part of the requirements as a special exception, subject to the approval of the Zoning Board of Appeals on findings that the conditions set forth in §198-66 have been met. [Amended 5-12-1992 by Ord. No. 92-ZC-278]

D. [Added 12-22-1987 by Ord. No. 87-ZC-185; amended 2-9-1993 by Ord. No. 92-ZC-292; 6-11-1996 by Ord. No. 96-ZC-1] In any commercial or industrial district, no structure shall be constructed with provisions for underground or aboveground parking structure(s), unless the gross floor area of such structure is no greater than it would have been, meeting all required off-street parking requirements. Parking structure(s) coverage shall not exceed either forty-six percent (46%) of the coverage of all other structures on the subject site or eleven percent (11%) coverage of the entire site, whichever is the lesser of the two. That part of the parking structure(s) that will house the following will not be assessed for parking lot coverage (as defined in §198-2 hereinabove):

(1) Parking spaces that are assessed elsewhere on a site for building lot coverage and transferred into a parking structure; and

(2) At-grade parking spaces that transferred into a parking structure are replaced at grade with openspace and/or landscape area.

A. The requirements of this Article do not limit more restrictive requirements which may be established in connection with the issuance of any special use permit.

B. Parking requirements for a use not listed in §198-47 shall be the same as for a listed use of the same general characteristics of demand generation.

C. Where more than one (1) use occupies a building or premises, the parking requirements shall be equal to the sum of the requirements for each use.

D. When an applicant for a permit for a building or use shall find that required off-street parking is in excess of the demand generation of the use or building proposed, the Board of Appeals may reduce the extent of parking area to be improved upon a finding that any proposed modification shall be sufficient to serve the demand generation and that no hazard or traffic congestion shall result. The approved site plan shall show both the reduced area to be improved and the total requirement established by this chapter, and the applicant shall submit a properly executed instrument in a form approved by the Town Attorney, specifying that all required spaces shall be improved upon subsequent finding by the appropriate board that such improvement is needed as a result of increase demand generation.

E. No rental or use charge shall ever be imposed for any parking spaces required by this Article.

F. [Added 12-6-1994 by Ord. No. 94-ZC-19] Whenever an existing accessory parking field is restriped or redesigned in order to be brought into compliance with the rules and regulations applicable to the provision of handicapped accessible parking spaces and such redesign is not accompanied by any building expansion or intensification of use requiring that additional parking be required, and as a result of such redesign there is a net loss in the number of parking spaces such that the site no longer provides parking as required by this chapter, the site plan review authority may:

(1) Authorize such redesign regardless of any incidental loss in parking; or

(2) Authorize the use of parking stalls no less than eight and one-half (81/2) feet wide in order to provide the required number of parking spaces; or

(3) Authorize a combination of Subsection FM and (2).

[Amended 5-10-1971 by Ord. No. 71-ZC-12; 12-6-1994 by Ord. No. 94ZC-19]

A. Required parking spaces shall be located on the same lot as the use served, except that, where an increase is required or joint use of facilities by two (2) or more commercial establishments or two (2) or more industrial establishments has been provided, required spaces may be located not more than three hundred (300) feet from the building in business districts and not more than five hundred (500) feet from the building in industrial districts, provided that the business or industrial use is permitted or conditionally permitted in both locales. This provision shall not apply where properties are separated by four (4) or more travel lanes of a roadway, unless a pedestrian overpass or underpass is provided and the travel distance required for use of such a bypass is no greater than the distances listed within this section.

B. Upon application to and public hearing by the Zoning Board of Appeals, the Board may find that up to fifty percent (50%) of the required parking for a theater, bowling alley, nightclub or similar use and up to one hundred percent (100%) of the required space for a church may be provided and used jointly by a bank, offices, retail stores and similar uses not normally open or operated during the same hours. Where cross easements are necessary between two (2) property owners, a formal agreement properly executed and in a form approved by the Town Attorney shall be filed with the town.